§ 10-241. Criteria for issuance of license.
(a)
In considering whether to approve or disapprove an application for any license or sales permit under this chapter, the director shall determine whether the applicant is qualified and meets all requirements for the license or sales permit and the director shall determine whether the approval of the license or sales permit will be in the best interests of the locality involved.
(b)
In making the determination of whether the approval of the license or sales permit will be in the best interests of the locality involved, the director shall consider:
(1)
The number, density and types of licenses or permits within 3,000 feet of the proposed premises for which a license is applied for, and the type of license or permit applied for.
(2)
The type of business or commercial uses within 3,000 feet of the proposed premises and the general character and intensity of uses permitted by the zoning ordinance within the area.
(3)
The number of adult bookstores, adult entertainment facilities, bathhouses, massage shops and modeling studios, as defined in the zoning ordinance, within 3,000 feet of the proposed premises.
(4)
Whether the proposed premises are within 1000 feet of any residentially zoned district, and, if so, whether the proposed licensed or permitted operation would cause a nuisance to or change in character of the residential area. In this context the director shall consider exterior lighting, noise, traffic and parking associated with the proposed premises or its patrons, as well as any other relevant characteristic of the proposed facility. For purposes of this chapter, the term "residentially zoned district" shall be defined as districts R-1, RA, R-2, R-3, R-4, R-4-O, R-5, R-5-O, R-6, GP-7, GP-6, GP-5, GP-4, GPA, GPR-1 and GPR-2.
(5)
The type of entertainment, if any, proposed for the licensed premises, and whether the entertainment would be compatible with or detrimental to the locality involved.
(6)
Other factors which, due to the character of the licensed premises or of the locality involved, would be relevant to whether issuance of the license or permit would be in the best interest of the locality involved.
(7)
The unique character of the business, convention and entertainment areas that are bounded by I-70 on the north, Holmes Avenue on the east, Broadway Boulevard on the west, and 24th Street on the south, and that area bounded by 17th Street Terrace on the north, Woodland Avenue on the east, 18th Street on the south and Paseo Boulevard on the west.
(c)
The director may request any department or agency of the city to provide data, information, opinions or recommendations which will assist them in reviewing any application for a license. By way of example, and not as a limitation, the director may request the following departments to provide him with the following information concerning the proposed premises:
(1)
Public works department: Traffic flow, location of curb cuts for parking lots, and parking availability surveys.
(2)
City development department: Impact upon the community, neighborhood, surrounding environs, adopted area plans and comprehensive plans or development projects in the area.
(3)
Fire department: Access for emergency vehicles and safety of the proposed location.
(4)
Police department: Potential impact of crime, disturbances and traffic related to density or location of licensed establishments upon nearby residential or commercial neighborhoods.
(5)
Health department: Adverse impact upon the health, safety and general welfare.
(6)
Parks and recreation department: Impact upon parks, boulevards or community centers within the vicinity.
(7)
Codes administration department: Applicable building codes, parking requirements and zoning restrictions.
(d)
The provisions of this section shall apply to any new application for any classification of license as well as any application for transfer of location of the license.
(Ord. No. 000056, § A, 2-22-00; Ord. No. 090724, § 1, 9-10-09)